Trial of Summons Cases

"As nearly as possible in the words used by the accused" is not in the warrant case provisions and it is worth a mark. An appellate court reading "I plead guilty" learns nothing; reading the accused's own words can show he was admitting something different from the offence charged.

Section 276, pleading guilty in absence, in petty cases. Where a summons has been issued under section 229, the special summons for petty offences, and the accused wishes to plead guilty without appearing, he transmits to the Magistrate by post or by messenger a letter containing his plea and the amount of the fine specified in the summons.

The Magistrate may, in his discretion, convict him in his absence on that plea and sentence him to the fine specified, the amount transmitted being adjusted towards it. Alternatively, where an advocate authorised by the accused pleads guilty on his behalf, the Magistrate records the plea as nearly as possible in the advocate's words and may convict and sentence in the same way.

Sections 277 and 278: the trial and its end

Section 277(1). If the Magistrate does not convict under section 275 or 276, he shall hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also hear the accused and take all such evidence as he produces in his defence.

Notice that both sides are dealt with in one sub-section. There is no separate "close of prosecution case" stage in a summons trial and no intermediate acquittal like section 255.

Sub-sections (2) and (3). The Magistrate may, on the application of either side, issue a summons to a witness; and may require the witness's reasonable expenses to be deposited in Court before summoning him.

Section 278(1). If, on the evidence under section 277 and such further evidence as he may of his own motion cause to be produced, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

Sub-section (2). Where he does not proceed under section 364 or section 401, and finds the accused guilty, he shall pass sentence according to law.

Sub-section (3), and this is a real power. A Magistrate may, under section 275 or 278, convict the accused of any offence triable under this Chapter which, from the facts admitted or proved, he appears to have committed, whatever may be the nature of the complaint or summons, if satisfied that the accused would not be prejudiced thereby.

That is the practical compensation for having no formal charge: because nothing was framed, the Magistrate is not confined to what the summons said, provided the accused is not prejudiced.

Sections 279 and 280: the complainant

Section 279(1), non-appearance. If the summons was issued on complaint, and on the day appointed for the appearance of the accused, or any adjourned day, the complainant does not appear, the Magistrate shall, after giving thirty days' time to the complainant to be present, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing.

The proviso. Where the complainant is represented by an advocate or by the officer conducting the prosecution, or where the Magistrate is of opinion that his personal attendance is not necessary, the Magistrate may dispense with his attendance and proceed.

Sub-section (2). The same applies where the non-appearance is due to the complainant's death.

The consequence is acquittal, not discharge. That is the single most examined difference between this Chapter and Chapter XX, where section 272 produces a discharge.

Section 280, withdrawal. If a complainant, at any time before a final order is passed, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw the complaint against the accused, or against any of several accused, the Magistrate may permit the withdrawal and shall thereupon acquit the accused concerned.

Again the result is an acquittal, and again it requires the Magistrate's satisfaction, not merely the complainant's wish.

Sections 281 and 282: stopping, and converting

Section 281, power to stop proceedings. In a summons case instituted otherwise than upon complaint, a Magistrate of the first class, or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded, stop the proceedings at any stage without pronouncing judgment, and:

• where the stoppage is after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal;
• in any other case, release the accused, and that release has the effect of discharge.

So the stage at which the proceedings are stopped decides whether the outcome is an acquittal or a discharge.

Section 282, converting to a warrant case. Where, in the course of the trial of a summons case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice the offence should be tried as a warrant case, he may re-hear the case in the manner provided for the trial of warrant cases and may recall any witness who may have been examined.

Note the threshold: exceeding six months. Below that the case cannot be converted.

A worked example

A summons is issued to Nilam on a private complaint for an offence punishable with one year, a summons case.

She appears. The Magistrate states the particulars of the offence to her and asks whether she pleads guilty or has any defence to make. No written charge is framed, section 274.

The Magistrate reads the complaint and finds nothing in it. He may, recording reasons in writing, release her, and that release has the effect of a discharge, proviso to section 274.

She pleads guilty. The Magistrate records the plea as nearly as possible in her own words and may, in his discretion, convict her, section 275.

She claims to be tried. The Magistrate hears the prosecution and takes its evidence, and hears her and takes her evidence, in one continuous process, section 277(1). He may require the witness's expenses to be deposited before summoning a witness either side asks for, section 277(3).

The facts proved show a different offence triable under this Chapter. He may convict her of that offence, whatever the complaint said, if satisfied she is not prejudiced, section 278(3).

The complainant stops attending. The Magistrate gives him thirty days, and if he still does not appear, acquits Nilam, unless it is proper to adjourn, section 279(1). But if the complainant is represented by an advocate, or his personal attendance is unnecessary, the Magistrate may dispense with attendance and proceed.

The complainant asks to withdraw. If he satisfies the Magistrate that there are sufficient grounds, the Magistrate may permit it and shall acquit Nilam, section 280.

Change the case. It was instituted on a police report, not a complaint, and halfway through the Magistrate concludes it should not go on. Being a first class Magistrate, he may, for reasons recorded, stop the proceedings; because the principal witnesses have already been examined, he pronounces a judgment of acquittal, section 281.

Change it again. The offence is punishable with two years and the evidence turns out to be far more serious than expected. The Magistrate may, in the interests of justice, re-hear the case as a warrant case and recall any witness already examined, section 282.

Distinctions

What this does NOT mean

No formal charge does not mean no accusation. Section 274 requires the particulars of the offence to be stated to the accused.

Section 278(3) is not a licence to convict of anything. The offence must be triable under this Chapter, must appear from the facts admitted or proved, and the Magistrate must be satisfied the accused is not prejudiced.

Section 279 does not make every absence fatal. The Magistrate may adjourn, and the proviso lets him proceed where the complainant is represented or his attendance is unnecessary.

And section 282 is not available in every summons case. It requires the offence to be punishable with imprisonment exceeding six months.

Quick revision

• 274: particulars stated, plea taken, no formal charge; groundless accusation leads to release with the effect of discharge, on reasons recorded.
• 275: plea of guilty recorded as nearly as possible in the accused's own words; conviction discretionary.
• 276: in a section 229 petty case, a plea of guilty by post or messenger with the fine, or through an authorised advocate; conviction and sentence in absence, the amount sent adjusted towards the fine.
• 277: prosecution and defence evidence taken; summonses on either side's application; witness expenses may be required to be deposited.
• 278: acquittal on a finding of not guilty, including on further evidence the Magistrate himself calls; sentence unless proceeding under section 364 or 401; conviction of any offence triable under the Chapter appearing from the facts, whatever the complaint or summons said, if the accused is not prejudiced.
• 279: complainant absent, or dead: acquittal after thirty days, unless adjournment is proper; attendance may be dispensed with where he is represented or his presence is unnecessary.
• 280: withdrawal on sufficient grounds shown to the Magistrate, before a final order: acquittal.
• 281: in a case not on complaint, a first class Magistrate, or another with the CJM's previous sanction, may stop the proceedings for reasons recorded: acquittal if the principal witnesses have been examined, otherwise release having the effect of discharge.
• 282: conversion into a warrant case where the offence is punishable with more than six months and the interests of justice require it; witnesses may be recalled.

Test yourself

1. Is a charge framed in a summons case? No. Section 274 requires the particulars of the offence to be stated to the accused and expressly says it shall not be necessary to frame a formal charge.

2. What happens if the Magistrate finds the accusation groundless? He shall, after recording reasons in writing, release the accused, and that release has the effect of a discharge, proviso to section 274.

3. The complainant does not appear. What follows, and how does it differ from a warrant case? After giving thirty days' time, the Magistrate shall acquit the accused, unless he thinks it proper to adjourn, section 279. In a warrant case the same absence leads only to a discharge, section 272.

4. May a Magistrate convict of an offence other than the one stated in the summons? Yes, of any offence triable under Chapter XXI which from the facts admitted or proved he appears to have committed, whatever the nature of the complaint or summons, if the accused would not be prejudiced, section 278(3).

5. When may proceedings in a summons case be stopped, and with what effect? In a case instituted otherwise than on complaint, by a first class Magistrate or, with the Chief Judicial Magistrate's previous sanction, any other Judicial Magistrate, for reasons recorded, at any stage: an acquittal if the principal witnesses have been examined, otherwise a release having the effect of a discharge, section 281.

6. When may a summons case be converted into a warrant case? Where the offence is punishable with imprisonment exceeding six months and it appears to the Magistrate that in the interests of justice it should be tried as a warrant case; he may re-hear the case accordingly and recall any witness already examined, section 282.

7. How is a plea of guilty recorded in a summons case? As nearly as possible in the words used by the accused, section 275; and where an advocate pleads guilty for him under section 276, as nearly as possible in the advocate's words.